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of <h1>Public sector undertaking ordered to deposit Rs. 5 crores for tax dispute challenge.</h1> <h3>Bharat Heavy Electricals Ltd. Versus The Deputy Commissioner of Commercial Taxes (Audit)</h3> Bharat Heavy Electricals Ltd. Versus The Deputy Commissioner of Commercial Taxes (Audit) - TMI Issues:1. Challenge to the assessment order passed by the Deputy Commissioner of Commercial Taxes.2. Denial of exemption of tax under the provisions of KVAT Act for sales made outside the State of Karnataka.3. Dispute regarding turnover details and exemption claim for sales outside Karnataka.4. Disagreement on the eligibility for exemption under the CST Act, 1956.5. Opposing arguments on the maintainability of writ petitions and availability of alternative remedies.6. Examination of evidence and lack of detailed findings in the assessment order.7. Remedies available to the petitioner-assessing company, including filing an appeal or a rectification application.8. Request for permission to file a rectification application without pre-depositing the appeal amount.9. Disposal of writ petitions with a direction to deposit a specific amount and file a rectification application within a specified timeframe.Analysis:1. The writ petitions were filed by a public sector undertaking challenging the assessment order by the Deputy Commissioner of Commercial Taxes for the period April 2010 to March 2011, which raised a demand of Rs. 24,72,79,464 under the KVAT Act, 2003. The dispute centered around the denial of tax exemption for sales made outside Karnataka, totaling Rs. 95,34,92,290, as claimed by the petitioner-company. The Assessing Authority refused the exemption, citing non-compliance with CST Act provisions and lack of required documentation for sales outside Karnataka.2. The petitioner argued that exemption for outside sales was allowed in previous years, and the denial in the current assessment was unjustified despite providing relevant documents. The Respondent-Department contended that the petitioner failed to prove the origin of sales outside Karnataka, as indicated by the presence of Karnataka TIN numbers on invoices. The Respondent emphasized the need for proper documentation and compliance with KVAT Act Rules for claiming exemptions.3. The Court acknowledged the availability of alternative remedies for the petitioner to challenge the assessment order, including filing an appeal or a rectification application under Section 69 of the Act. It advised the petitioner to pursue these remedies to address factual errors or mistakes in the assessment. The petitioner sought permission to file a rectification application without pre-depositing the appeal amount due to financial constraints as a loss-making entity.4. In the final disposition, the Court directed the petitioner to deposit Rs. 5 crores within a month and file a rectification application. The deposit would remain subject to the final decision of the Assessing Authority on the rectification application. The petitioner was instructed to cooperate fully, produce relevant evidence, and attend hearings promptly. The Assessing Authority was mandated to review the rectification application and evidence before March 31, 2017, and provide a reasoned decision on the exemption claim for sales outside Karnataka.
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